Qualified Domestic Relations Order - State Of Louisiana District Court (Page 3 of 3) in pdf

Pursuant to LSA-R.S. § 11:2178(J), if Participant has sufficient years of service to

retire but has not yet retired at the time of Participant’s death, and Participant’s death

is not in the line of duty, and Participant is survived by a spouse with whom

Participant is living at the time of his/her death, then the “Option 2" benefit will be

paid out as provided by law and Alternate Payee shall receive as a benefit Alternate

Payee’s percentage as determined under paragraph 4 above of the Option 2 benefit

until Alternate Payee’s death or the death of Participant’s surviving spouse,

whichever occurs first.

If Participant does not have sufficient years of service to retire and Participant’s death

is not in the line of duty, then Alternate Payee shall have an interest in the refund of

Participant’s contributions as set forth in paragraph 4 above.

Pursuant to LSA-R.S. § 11:2178(I), Participant shall have the right to elect to receive

Participant’s retirement allowance according to the options set forth in that section.

Alternate Payee shall not be a spouse or surviving spouse for purposes of giving or

withholding consent to any retirement option elected by Participant. Alternate Payee

shall receive Alternate Payee’s percentage as determined under paragraph 4 of all

distributions made by the Fund on account of Participant’s service until Alternate

Payee’s death, or, if sooner, until the later of the death of Participant and the spouse

to whom Participant was married at the time of Participant’s retirement.

Alternate Payee shall not be considered a surviving spouse of the Participant for any

purpose.

No Increase in Payments.

No election by Participant and no action or failure to act by Alternate Payee shall

have the effect of increasing the amount payable by the Fund on account of

Participant’s service as authorized by the laws of the State of Louisiana.

The percentage of Participant’s total benefit which is set aside for Alternate Payee

shall not be construed to provide for the payment to Alternate Payee of any amounts

which were previously awarded or may subsequently be awarded to any previous or

future spouse or alternate payee of Participant’s retirement benefit.

Alternate Payee shall receive Alternate Payee’s percentage as computed above by

separate payment made payable to the account of Alternate Payee. Under no

circumstances will the Fund pay the Alternate Payee’s share by joint check to any

other person.

Further Information. The obligation of the Fund to make payments to Alternate

Payee or Participant is conditioned on the furnishing of such information to the Fund

by Alternate Payee and Participant as the Fund may reasonably require, including but

not limited to such information as may be required to complete tax reporting forms.

Tax Treatment of Distributions. All distributions made pursuant to this order shall

be reported as income taxable to the recipients thereof for federal income tax

purposes.

Continued Jurisdiction. This court shall retain jurisdiction over this Order to the

extent required to entertain modifications thereto in order to maintain its tax qualified

status and to enforce the provisions hereof.

_______________________, Louisiana, this ___ day of ____________, _____.

__________________________________

J U D G E

Qualified Domestic Relations Order - State Of Louisiana District Court Page 3

Related Articles

Related forms

Related Categories